Ss. 25 & 9 (1)---custody of minor ---Territorial jurisdiction ---Determination---Words 'minor 's ordinary place of residence" occurring in S.9(1), Guardians and Wards Act, 1890--

 2017 YLR 994 KARACHI-HIGH-COURT-SINDH

Side Appellant : FARAZ ALAMGIR

Side Opponent : ADDITIONAL DISTRICT AND SESSIONS JUDGE VIII

Ss. 25 & 9 (1)---custody of minor ---Territorial jurisdiction ---Determination---Words 'minor 's ordinary place of residence" occurring in S.9(1), Guardians and Wards Act, 1890---Scope---Mother had gone abroad with the minor ---Father moved petition for custody of minor in court at place K (Pakistan) but same was returned for want of territorial jurisdiction ---Validity---minor 's "ordinary place of residence" had to be determined by finding out as to where the minor was "ordinarily residing" and whether removal of minor abroad was effected from that very place---New place to which minor might have gone/removed could become the ordinary residence only after the minor had settled down at that place for a reasonably long period---Word "ordinarily" would mean more than mere temporary residence---Courts below had overlooked the fact that wife was still in the wedlock of applicant and both the spouses and minor were Pakistan nationals and custody of minor was removed from the territorial jurisdiction of Pakistan in a deceitful manner---Courts below had erred in refusing to exercise their jurisdiction ---Impugned orders passed by the courts below were set aside---Family Court was directed to rehear the case of applicant and decide the question of territorial jurisdiction afresh---Constitutional petition was disposed of in circumstances.